Public law assignment

The pre-World War I opinion by the U. Supreme Court holding, on re-argument, that a federal income tax was unconstitutional. The federal statute authorizing the U.

Public law assignment

Search Public Law Assignment The question raises a major constitutional issue regarding the sovereignty of parliament in light of the decision reached in Jackson v Attorney General.

The validity of an Act of Parliament is an issue that lies at the very 'heart' of UK constitution. The discussion will also examine how the proposal to establish a UK supreme court will limit the powers of parliament if at all, and then finally, I will provide an opinion regarding the survival of this doctrine in the future.

Parliamentary supremacy as described by Dicey refers to the legislative power of parliament. He further asserts that there are no legal boundaries to these powers.

It is claimed that since no Act confers this sovereignty, then it follows that no Act can set it aside.

Public law assignment

The situation is different where a written constitution exists because the validity of a law may be examined to check its conformity with the constitution. No such document exists in the UK. One may then ask where the power to legislate originated.

The answer can be traced back to the Bill of Rights in Art 1 which gave parliament authority to make law. This not being the case, we now have what we call the present day parliament6. As an important element of parliament, The House of Lords shares the legislative role; examines government's work; and acts as the highest court of appeal.

Ideally, one would expect a clear separation of powers where the function of the executive is to govern the country, but in reality, parliament,7 controls the executive.

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The doctrine of separation of powers is therefore at risk. One may ask whether the overlap in functions between the executive and the judiciary may be abused. The judiciary may be faced with cases where the immunity of Ministers is at question as presented in M v Home Office [] 1 AC By applying the Acts of Parliament without question, judges are enforcing the rule of law and emphasizing the supremacy of parliament.

As asserted by Dicey, no document or body has the authority to challenge the validity of an Act of Parliament Lord Reid is quoted in Madzimbamuto v Lardner - Burke [] 1 AC ,12 as asserting that though parliament would not be expected to act unconstitutionally, there is nothing to stop it from doing so and no court may challenge its actions.

By challenging the validity of The Hunting Act ,14 the appellants questioned a fundamental principle of parliamentary supremacy. They raised a procedural15 issue on the passing of bills, and argued that the Act was based on an invalid Act,16 having been rejected by the House of Lords.

To answer this question the Lords needed to ascertain whether the Act was valid. In their deliberations, the Lords also examined the relationship between the House of Commons and the House of Lords in law making It was unanimously determined that the Act and the Act were indeed valid Acts of Parliament and the appeal dismissed.

When one examines the deliberations in the Jackson case one cannot fail to see the reluctance of the Lords in 'ruffling the feathers' of parliament, perhaps in an attempt not to exceed their judicial powers Before reaching his decision, Lord Steyn argued that an action such as restructuring the House of Lords as asserted by the Attorney General, was a constitutional issue requiring legislative authority.

In his argument, he stated that a danger existed where the Act could be used to bring about unpopular legislation. He however clarified that the case did not present any constitutional issues.

In relation to the Diceyan, Lord Steyn's stated; "The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom.

Nevertheless, the supremacy of Parliament is still the general principle of our constitution. This process is however inadequate because it not a formally recognised and is on a case by case basis.

Parliamentary supremacy therefore, depends a lot on how the judges apply the law The role of judges has also been emphasised by Dworkin who argues that judges should apply the law as intended by parliament. He supports the theory of parliamentary supremacy by stating that the community should be governed by elected people.

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Judges he asserts, are not elected, thus should not legislate. Under the doctrine that parliament cannot bind its successors; courts may find themselves bound by later statute, even though it conflicts with earlier decisions.

There would be broad repercussions, if the next parliament decided to repeal the European Communities Act Though there are economic, and socio political reasons that may limit this kind of extreme action, the power to do so exists.

Having discussed the extent of parliamentary powers, I will now discuss its internal and external influences. A major internal influence is the political power of the electorate Parliament would be careful not to displease the electorate by the introduction of laws that seem unpopular.

As advanced by Thomas Paine, a social contract exists between the state and the electorate.Strawbridge v. Bank of NY Mellon: Appeals Court Justice Peter Agnes Gives Judicial Blessing to MERS Assignment System, Rejects Other Foreclosure Challenges.

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PUBLIC LAW: ASSIGNMENT 1 ( Words) _____ The question raises a major constitutional issue regarding the sovereignty of parliament in light of the decision reached in Jackson v Attorney General.

The validity of an Act of Parliament is an issue that lies at the very 'heart' of UK constitution.1 In answering this question, I will start by.

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